ENVIRONMENTAL RESOURCES (27 PA.C.S.)
                  Act of Dec. 15, 1999, P.L. 949, No. 68              Cl. 27
                             Session of 1999
                               No. 1999-68

     HB 868

                                  AN ACT

     Amending Title 27 (Environmental Resources) of the Pennsylvania
        Consolidated Statutes, providing for watershed protection and
        environmental stewardship; establishing the Environmental
        Stewardship Fund; conferring powers and duties on the
        Department of Agriculture, the Department of Conservation and
        Natural Resources, the Department of Environmental Protection
        and the Pennsylvania Infrastructure Investment Authority;
        imposing a recycling fee; providing for use of site-specific
        postclosure funds and for immunity for certain persons who
        reclaim abandoned lands or abate certain water pollution;
        making appropriations; and making repeals.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 27 of the Pennsylvania Consolidated
     Statutes is amended by adding parts to read:
                                 TITLE 27
                         ENVIRONMENTAL PROTECTION
     Part
        I.  Preliminary Provisions (Reserved)
       II.  Administrative Provisions (Reserved)
      III.  Conservation and Natural Resources (Reserved)
       IV.  Environmental Protection (Reserved)
        V.  Special Programs
       VI.  Sanctions and Remedies
      VII.  Miscellaneous Provisions (Reserved)
                                  PART I
                          PRELIMINARY PROVISIONS
                                (Reserved)
                                 PART II
                        ADMINISTRATIVE PROVISIONS
                                (Reserved)
                                 PART III
                    CONSERVATION AND NATURAL RESOURCES
                                (Reserved)
                                 PART IV
                         ENVIRONMENTAL PROTECTION
                                (Reserved)
                                  PART V
                             SPECIAL PROGRAMS
     Chapter
       61.  Environmental Stewardship and Watershed Protection.
                                CHAPTER 61
            ENVIRONMENTAL STEWARDSHIP AND WATERSHED PROTECTION
     Sec.
     6101.  Short title of chapter.
     6102.  Legislative findings.
     6103.  Definitions.
     6104.  Fund.
     6105.  Agencies.
     6106.  Property and equipment restrictions.
     6107.  Federal programs.
     6108.  Wild Resource Conservation Fund and duties of Department of
            Conservation and Natural Resources.
     6109.  Sewage construction payments to municipalities.
     6110.  Environmental infrastructure grants to water and
            wastewater treatment facilities.
     6111.  Protection of Recycling Fund.
     6112.  Extension of fees.
     6113.  Effect of repeal of site-specific postclosure fund
            provisions.
      § 6101.  Short title of chapter.
        This chapter shall be known and may be cited as the
     Environmental Stewardship and Watershed Protection Act.
      § 6102.  Legislative findings.
        The General Assembly hereby determines, declares and finds as
     follows:
            (1)  Ninety-six percent of the water-quality-impaired
        watersheds in this Commonwealth are polluted because of
        nonpoint sources of pollution such as past mining activities,
        urban and agricultural runoff, atmospheric deposition, on-lot
        sewage systems and earthmoving.
            (2)  The Commonwealth continues to have unmet needs in
        the area of water and sewer infrastructure. New and improved
        water sources, treatment and distribution systems are
        necessary for public drinking water supplies.
            (3)  The Commonwealth owns approximately 2.4 million
        acres of State park and State forest lands and many of these
        lands suffer from past environmental problems, including
        unreclaimed mines, acid mine drainage and abandoned oil and
        gas wells.
            (4)  Open space, greenways, recreational trails, river
        corridors, fish and wildlife habitats, parks and recreation
        areas and scenic environments protect the environment,
        conserve natural resources and add value to communities.
            (5)  State programs and State funding should provide
        maximum flexibility for elected county and municipal
        governmental officials to identify, prioritize and address
        local environmental concerns, including odor abatement
        problems at sewage treatment plants.
      § 6103.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Acquisition."  The purchase or lease with an option to
     purchase of land, easements or buildings for public parks,
     conservation, historical or recreation uses.
        "Authority."  The Pennsylvania Infrastructure Investment
     Authority.
        "Authorized organization."  An entity involved in research,
     restoration, rehabilitation, planning, acquisition, development,
     education or other activities, which furthers the protection,
     enhancement, conservation, preservation or enjoyment of this
     Commonwealth's environmental, conservation, recreation or
     similar resources. The organization must be a tax-exempt
     institution under section 501(c)(3) of the Internal Revenue Code
     of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) and
     registered with the Bureau of Charitable Organizations or an
     educational institution involved in these authorized activities
     or a municipal authority.
        "Departments."  The Department of Agriculture, the Department
     of Conservation and Natural Resources and the Department of
     Environmental Protection of the Commonwealth.
        "Development."  New construction, improvement, alteration or
     renovation required for and compatible with the physical
     development or improvement of land or buildings.
        "Fund."  The Environmental Stewardship Fund established in
     section 6104 (relating to fund).
        "Interior land."  Land that has at least 65% of its boundary
     lines immediately bordered by either State forest or State park
     lands.
        "Planning."  The preparation of park, recreation and open
     space plans, river corridor and watershed plans, master site
     development plans, feasibility studies, natural areas studies
     and inventories, greenways and recreational trail plans,
     maintenance management plans, conservation plans, zoning plans,
     land use plans, environmental management plans and research or
     education documents useful in assisting municipalities,
     Commonwealth agencies, conservation districts, watershed
     organizations and authorized organizations to address
     environmental improvement, natural resource management, park and
     recreation development and land conservation.
        "Recreational trail."  A thoroughfare or track across water,
     land or snow used for motorized and/or nonmotorized recreational
     purposes.
        "Rehabilitation and repair."  Restoration or renovation of
     facilities or conditions of existing public conservation and
     recreation resources. The term excludes routine maintenance.
        "Technical assistance."  Provision of financial grants and
     professional services. The term includes publications, research,
     videotapes, workshops, meetings, phone consultation and written
     and electronic communication.
        "Watershed organization."  An entity recognized by either or
     both the Department of Conservation and Natural Resources and
     the Department of Environmental Protection and established to
     promote local watershed conservation efforts in an identified
     watershed.
      § 6104.  Fund.
        (a)  Establishment.--There is established a special fund in
     the State Treasury, to be known as the Environmental Stewardship
     Fund.
        (b)  Sources.--
            (1)  Money appropriated by the General Assembly, interest
        earned by the fund, penalties, money received from the
        Federal Government or other sources and money received from
        the fee established under section 6112(b) (relating to
        extension of fees) shall be deposited in the fund. Moneys
        appropriated by the General Assembly to the fund shall be
        transferred on a quarterly basis in increments of at least
        20%.
            (2)  For fiscal years 1999-2000 through 2003-2004, the
        fund may receive money, upon approval of the Governor, from
        the Recycling Fund and the Hazardous Sites Cleanup Fund. The
        combined total of appropriations from these two funds for the
        program shall not exceed $30,000,000 annually.
            (3)  It is the intent of the General Assembly that
        $100,000,000 per fiscal year be appropriated from the General
        Fund for fiscal years 2000-2001 through 2003-2004 to the
        fund. The Governor's annual budget submission for fiscal
        years 2000-2001 through 2003-2004 shall include the sum of
        $100,000,000 per fiscal year for allocation in accordance
        with this section.
        (c)  Appropriation.--The money in the fund is hereby
     appropriated, upon approval of the Governor, to the departments
     and the authority for the purpose of implementing the provisions
     of this chapter.
        (d)  Allocation.--It is the intent of the General Assembly
     that the money appropriated in subsection (c) be allocated
     annually as follows:
            (1)  For fiscal year 1999-2000, 28.4% to the Department
        of Conservation and Natural Resources, 43.7% to the
        Department of Environmental Protection and 27.9% to the
        authority.
            (2)  For fiscal years 2000-2001 through 2003-2004, 24.1%
        to the Department of Conservation and Natural Resources,
        37.4% to the Department of Environmental Protection, 14.8% to
        the Department of Agriculture and 23.7% to the authority.
            (3)  For fiscal year 2004-2005 and each year thereafter,
        moneys in the fund shall be allocated in accordance with
        paragraph (1).
        (e)  Legislative oversight.--
            (1)  An annual expenditure plan for the fund shall be
        submitted by the Governor to the General Assembly as part of
        the Governor's annual budget submission. The expenditure plan
        shall be open for review and comment by the members of the
        General Assembly and shall include a detailed listing of the
        types of programs for the actual year, current year and
        proposed budget year.
            (2)  The Secretary of the Budget shall provide quarterly
        financial statements showing the status of the Recycling
        Fund, the Hazardous Sites Cleanup Fund and the Environmental
        Stewardship Fund to the chairman and minority chairman of the
        Appropriations Committee of the Senate and the chairman and
        minority chairman of the Appropriations Committee of the
        House of Representatives. Such statements shall be provided
        within 30 days of the close of each quarter of the fiscal
        year and shall commence with the quarter ending March 31,
        2000.
      § 6105.  Agencies.
        (a)  The Department of Conservation and Natural Resources.--
            (1)  The Department of Conservation and Natural Resources
        shall utilize money it receives from the fund for the
        following purposes:
                (i)  To rehabilitate, repair and develop State park
            and State forest lands and facilities and the acquisition
            of interior lands within State parks and State forests.
                (ii)  To provide grants to a county or other
            municipality, conservation districts and authorized
            organizations for the purpose of planning, education,
            acquisition, development, rehabilitation and repair of
            greenways, recreational trails, open space, natural
            areas, river corridors, watersheds, community and
            heritage parks and recreation facilities; community
            conservation and beautification projects; forest
            conservation; and other conservation purposes. Grants
            under this paragraph may not be used by an authorized
            organization for land acquisition unless the authorized
            organization obtains the approval of all counties in
            which the land is situated. Grant moneys may also be used
            for the acquisition of farmland for the purposes set
            forth in this paragraph.
                (iii)  To provide grants to a county or other
            municipality and authorized organizations for the purpose
            of research, planning, inventories and technical
            assistance intended to protect and conserve the
            biological diversity of this Commonwealth.
            (2)  The Department of Conservation and Natural Resources
        may require matching funds as a condition of the award of a
        grant under this subsection.
        (b)  The Department of Environmental Protection.--
            (1)  The Department of Environmental Protection shall
        utilize money it receives from the fund for the following
        purposes:
                (i)  To implement acid mine drainage abatement and
            cleanup efforts and plug abandoned and orphan oil and gas
            wells.
                (ii)  To provide funding for technical assistance and
            financial incentives to facilitate remining.
                (iii)  To provide grants to a county or other
            municipality, county conservation districts, watershed
            organizations and other authorized organizations for acid
            mine drainage abatement, mine cleanup efforts and well
            plugging.
                (iv)  To provide grants and technical assistance to a
            county or other municipality, county conservation
            districts, watershed organizations and other authorized
            organizations to plan and implement local watershed-based
            conservation efforts.
                (v)  To improve water-quality-impaired watersheds,
            including those polluted by past mining activities,
            agricultural and urban runoff, atmospheric deposition,
            on-lot sewage systems and earthmoving activities.
                (vi)  To provide grants for safe drinking water
            projects and wastewater treatment projects as provided
            for in section 6110 (relating to environmental
            infrastructure grants to water and wastewater treatment
            facilities).
            (2)  County conservation districts may further distribute
        grants received under this section to watershed organizations
        and other authorized organizations to assist in the
        implementation of this chapter.
            (3)  The Department of Environmental Protection may
        require matching funds as a condition of the award of a grant
        under this subsection.
            (4)  For the period commencing with the effective date of
        this chapter and ending June 30, 2004, the Department of
        Environmental Protection may utilize up to 10% of the money
        allocated annually to it under section 6104(d) (relating to
        fund) to provide grants for safe drinking water projects and
        wastewater treatment projects. Grants under this paragraph
        shall be made for the same purposes and shall be subject to
        the same limitations as grants authorized in section 6110.
        (c)  Department of Agriculture.--Funds allocated to the
     Department of Agriculture under this chapter shall be deposited
     in the Agricultural Conservation Easement Purchase Fund and are
     subject to the provisions of the act of June 30, 1981 (P.L.128,
     No.43), known as the Agricultural Area Security Law.
        (d)  The authority.--The authority shall utilize money it
     receives from the fund to provide financial assistance in the
     form of grants and matching grants for storm water, water and
     sewer infrastructure projects, including construction or
     rehabilitation of collection and conveyance systems. The
     authority shall develop criteria to be used to award grants
     under this subsection. The criteria and proposed changes thereto
     shall be submitted to the Environmental Resources and Energy
     Committee of the Senate and the Environmental Resources and
     Energy Committee of the House of Representatives for review and
     comment. The committees shall have 60 days to submit comments to
     the authority. Criteria shall be reviewed by the authority and
     the committees at least once every three years.
        (e)  Administrative expense limitation.--The departments,
     authority and grant recipients that receive moneys from the fund
     for the purposes set forth in this section may not expend more
     than 2% of the moneys on administrative expenses.
        (f)  Expenditure limitation.--No moneys made available
     through the fund shall be used for any purpose which, directly
     or indirectly, precludes access to or use of any forested land
     for the practice of sustainable forestry and commercial
     production of timber or other forest products. This subsection
     shall not apply to funds used by the Department of Conservation
     and Natural Resources, counties or municipalities for the
     purchase or improvement of park land to be used for public
     recreation.
        (g)  Regulations.--The departments and the authority may
     promulgate regulations necessary to carry out the purposes of
     this chapter.
      § 6106.  Property and equipment restrictions.
        (a)  Prohibition.--Recipients of grants under this chapter
     may not dispose of or convert property or equipment acquired
     with a grant for purposes other than the purposes approved in
     the project application without the prior written approval of
     the agency awarding the grant.
        (b)  Remedy.--If a violation of subsection (a) occurs, the
     agency may:
            (1)  Require the recipient to refund all grants related
        to the project, including 10% annual interest compounded four
        times annually, from the date the original grant was received
        until the grant is repaid.
            (2)  Require acquisition by the recipient of equivalent
        replacement property, as determined by the agency.
            (3)  Take possession of the property or equipment funded
        by the agency.
      § 6107.  Federal programs.
        Agencies may utilize available Federal funds to augment funds
     available under this chapter.
      § 6108.  Wild Resource Conservation Fund and duties of
                Department of Conservation and Natural Resources.
        (a)  Appropriation.--The moneys contained in the Wild
     Resource Conservation Fund are hereby appropriated, upon
     approval of the Governor, to the Department of Conservation and
     Natural Resources for the purposes of carrying out subsection
     (b), section 6105(a) (relating to agencies) and the act of June
     23, 1982 (P.L.597, No.170), known as the Wild Resource
     Conservation Act.
        (b)  Projects and programs.--
            (1)  The Wild Resource Conservation Board may approve
        projects or programs for funding as necessary to preserve and
        enhance wild resources. Grants for approved projects shall be
        made by the Department of Conservation and Natural Resources
        from the Wild Resource Conservation Fund. The department
        shall not allocate money from the Wild Resource Conservation
        Fund under this paragraph if the allocation would exceed the
        money available in the Wild Resource Conservation Fund. The
        Wild Resource Conservation Board shall consider the
        recommendations of interested persons and representatives of
        agencies serving on the board when approving projects under
        this paragraph.
            (2)  In addition to the grants under paragraph (1), the
        Wild Resource Conservation Board may recommend projects or
        programs that promote the preservation and enhancement of
        wild resources to the Department of Conservation and Natural
        Resources for funding from the Environmental Stewardship Fund
        under section 6105(a).
        (c)  Sale of merchandise and voluntary contributions.--The
     Wild Resource Conservation Board, with the approval of the
     Department of Conservation and Natural Resources, shall have the
     right to issue for sale to the public stamps, decals or other
     items of personal property intended to signify the interest of
     the purchaser in contributing to programs established by the
     board under this section. Any contributions received and the net
     proceeds from the sale of merchandise shall be deposited in the
     Wild Resource Conservation Fund.
        (d)  Advisory committee.--The Wild Resource Conservation
     Board may establish an advisory committee to advise the board
     and the Department of Conservation and Natural Resources
     regarding the wild resource management objectives of the board
     and the approval of projects to promote the preservation and
     enhancement of wild resources. Members of the committee shall be
     chosen from the general public and shall serve at the pleasure
     of the board.
        (e)  Activities of other agencies.--The authority granted
     pursuant to subsection (c) shall not affect or interfere with
     similar authority vested by law in any agency represented on the
     board to sell items of personal property which promote the
     independent programs of those respective agencies. Said agencies
     shall likewise have the right to issue for sale items of
     personal property intended to signify the interest of the
     purchaser in contributing to programs established by the
     department, the net proceeds of which shall be deposited in the
     Wild Resource Conservation Fund.
      § 6109.  Sewage construction payments to municipalities.
        (a)  Certain payments permitted.--A county or other
     municipality, municipal authority or school district receiving
     payments on the effective date of this chapter pursuant to the
     act of August 20, 1953 (P.L.1217, No.339), entitled "An act
     providing for payments by the Commonwealth to municipalities
     which have expended money to acquire and construct sewage
     treatment plants in accordance with the Clean Streams Program
     and the act, approved the twenty-second day of June, one
     thousand nine hundred thirty-seven (Pamphlet Laws 1987), and
     making an appropriation," shall continue to receive all
     outstanding payments being funded under that act for the
     acquisition or construction of sewage treatment plants from the
     Commonwealth from funds appropriated for this purpose provided
     that the sewage treatment plant operations implement odor
     abatement programs as necessary.
        (b)  Equipment and plants.--Payments under this section for
     equipment and plants shall be discontinued upon the replacement,
     abandonment or removal from service of the equipment and plants.
        (c)  Certain payment prohibited.--No municipality, municipal
     authority or school district which is not presently receiving
     payments under the act of August 20, 1953 (P.L.1217, No.339),
     entitled "An act providing for payments by the Commonwealth to
     municipalities which have expended money to acquire and
     construct sewage treatment plants in accordance with the Clean
     Streams Program and the act, approved the twenty-second day of
     June, one thousand nine hundred thirty-seven (Pamphlet Laws
     1987), and making an appropriation," may apply for or receive
     payments under that act. No new or additional costs of equipment
     or acquisition of sewage treatment plants for which construction
     has not commenced prior to the effective date of this chapter
     may be included in a request for payment by a municipality,
     municipal authority or school district. For purposes of this
     section, construction shall be deemed to have commenced when:
            (1)  the applicant has applied for or received a permit
        under the act of June 22, 1937 (P.L.1987, No.394), known as
        The Clean Streams Law, for construction or modification of
        the sewage treatment plant;
            (2)  the applicant has applied for or received
        construction financing or has dedicated capital funds for an
        identified project before January 1, 2000, and the
        appropriate construction permit under The Clean Streams Law
        has been applied for or received before January 1, 2001; or
            (3)  if a construction permit under The Clean Streams Law
        is not required, a signed contract or purchase order for an
        eligible acquisition or construction expense has been validly
        executed.
      § 6110.  Environmental infrastructure grants to water and
                wastewater treatment facilities.
        (a)  Separate account.--
            (1)  Savings realized in section 6109 (relating to sewage
        construction payments to municipalities) shall be placed in
        an account within the fund, which shall be cumulative,
        separate from the allocations in section 6104(d) (relating to
        fund) and for expenditure by the Department of Environmental
        Protection for environmental infrastructure grants to a
        county or other municipality, municipal authorities and
        school districts for water and wastewater treatment
        facilities which:
                (i)  install or implement new or innovative
            technologies in their operations;
                (ii)  implement pollution prevention techniques in
            their operations;
                (iii)  undertake treatment process modernization or
            other improvements, including rehabilitation of
            collection and conveyance systems; or
                (iv)  implement odor abatement programs in their
            operations.
            (2)  A grant from the account shall not be used for the
        construction of a new facility. An applicant for funding must
        disclose in the application if funding has been applied for
        from both the account and the authority. An applicant that
        receives funding from the account shall not receive funding
        from the authority under this chapter for the same portion of
        the project or equipment. An applicant that receives funding
        from the authority under this chapter shall not receive
        funding from the account for the same portion of the project
        or equipment.
        (b)  Limitation.--Funding under this section shall be limited
     to improvements to the physical operation of the treatment
     facility and shall not be used for administrative purposes or
     for machinery or equipment peripherally related to the
     operation.
        (c)  Funding availability.--Funding shall be available to all
     counties or other municipalities, municipal authorities and
     school districts on the basis of cost of the environmental or
     public health improvement and not based on demographics, per
     capita income or other unit of measure not tied to the cost of
     the environmental improvement.
        (d)  Calculation of fund moneys.--The account shall annually
     receive the difference between:
            (1)  the amount paid under the act of August 20, 1953
        (P.L.1217, No.339), entitled "An act providing for payments
        by the Commonwealth to municipalities which have expended
        money to acquire and construct sewage treatment plants in
        accordance with the Clean Streams Program and the act,
        approved the twenty-second day of June, one thousand nine
        hundred thirty-seven (Pamphlet Laws 1987), and making an
        appropriation," in 2001-2002; and
            (2)  the amount paid under section 6109.
      § 6111.  Protection of Recycling Fund.
        (a)  Market development funding.--The Department of
     Environmental Protection, on an annual basis, shall provide
     sufficient moneys for market development from the Recycling Fund
     to promote the long-term sustainability of recycling and to
     promote the continued growth of the recycling rate. For purposes
     of this subsection, "market development" shall mean a set of
     government policies and programs that promote the removal of
     marketplace barriers to recycling and that promote a productive
     end use for recyclables collected from residents and businesses.
        (b)  Review of expenditures.--Prior to submitting its annual
     Recycling Fund spending plan to the General Assembly, the
     Department of Environmental Protection shall submit details of
     its proposed expenditures under the act of July 28, 1988
     (P.L.556, No.101), known as the Municipal Waste Planning,
     Recycling and Waste Reduction Act, including additional
     expenditures for market development, for review and comment to
     the Recycling Fund Advisory Committee. At the same time, the
     department shall submit details of its actual expenditures under
     the Municipal Waste Planning, Recycling and Waste Reduction Act
     for the prior fiscal year, including actual expenditures for
     market development, for review and comment to the committee. The
     Department of Environmental Protection shall provide aggregate
     information on the program, including the total amount of
     funding applied for, the total amount of funding provided, the
     percentage of applications approved and the percentage of
     applications fully funded. The information on actual
     expenditures provided to the committee shall include a complete
     list of recipients funded by the Department of Environmental
     Protection pursuant to sections 901 and 902 of the Municipal
     Waste Planning, Recycling and Waste Reduction Act in the prior
     fiscal year. The list shall include:
            (1)  The name of the recipient.
            (2)  The amount of funding requested.
            (3)  The amount of funding provided by the Department of
        Environmental Protection.
        (c)  Minimum level of funding.--For a period of five years
     from the effective date of this chapter, moneys expended for
     programs authorized in the Municipal Waste Planning, Recycling
     and Waste Reduction Act shall not fall below levels expended in
     fiscal year 1999-2000.
        (d)  Information to applicant.--When the Department of
     Environmental Protection denies an application for a grant or
     approves an application for less than the amount requested by
     the applicant, the department shall provide the applicant with a
     written statement indicating the reason for the denial or
     reduction in funding amount.
      § 6112.  Extension of fees.
        (a)  Recycling fee.--No fee shall be imposed under section
     701 of the act of July 28, 1988 (P.L.556, No.101), known as the
     Municipal Waste Planning, Recycling and Waste Reduction Act, on
     or after October 15, 2004.
        (b)  Fee established.--Each operator of a municipal waste
     landfill shall pay, in the same manner prescribed in section 701
     of the Municipal Waste Planning, Recycling and Waste Reduction
     Act, an amount equal to 25¢ per ton of weighted waste or 25¢ per
     three cubic yards of volume measured waste for all solid waste
     received at the landfill. These fees shall be paid to the State
     Treasury and deposited into the fund.
      § 6113.  Effect of repeal of site-specific postclosure fund
                provisions.
        (a)  General rule.--Prior to certification of final closure
     and release by the Department of Environmental Protection of the
     landfill bond under the act of July 7, 1980 (P.L.380, No.97),
     known as the Solid Waste Management Act, and the regulations
     promulgated thereto, the trustee may release moneys from the
     trust to the county which established the trust upon written
     request from the county to the trustee in order for the county
     to spend the money to fund county conservation districts,
     protect farmland or accomplish any other purpose authorized by
     this chapter. Payment of debt service by a county on obligations
     issued to fund such purposes shall be deemed to be paid for a
     permitted purpose. Expenditure for farmland preservation must
     comply with the act of June 30, 1981 (P.L.128, No.43), known as
     the Agricultural Area Security Law.
        (b)  Limitations.--Moneys in a site-specific postclosure
     trust that have not been released to the county prior to
     certification of final closure and release of the landfill bond
     may be used only for remedial measures and emergency actions
     that are necessary to prevent or abate adverse effects upon the
     environment after closure of the landfill. The county may
     withdraw actual costs incurred in establishing and administering
     the trust in an amount not to exceed 0.5% of the moneys
     deposited in the trust. The trustee may release moneys for
     remedial measures and emergency actions only upon written
     request of the operator of a landfill and upon prior written
     approval by the Department of Environmental Protection. Such
     request shall include the proposed amount and purpose of the
     withdrawal and a copy of the Department of Environmental
     Protection's written approval of the expenditure. A copy of the
     request shall be provided to the county and the host
     municipality. A copy of any withdrawal document prepared by the
     trustee shall be provided to the Department of Environmental
     Protection, the county and the host municipality. No withdrawal
     from this trust for remedial measures and emergency actions may
     be made until after the Department of Environmental Protection
     has certified closure of the landfill. Moneys remaining in a
     trust subsequent to certification of final closure of the
     landfill and release of the landfill's bond shall be given to
     the county that established the trust for use in a manner
     consistent with this chapter.
        (c)  Applicability.--This section shall not apply to any
     county of the third class having a population under the 1990
     Federal Decennial Census of greater than 225,000 but less than
     242,500.
                                 PART VI
                          SANCTIONS AND REMEDIES
     Subpart
        C.  Immunity
                                SUBPART C
                                 IMMUNITY
     Chapter
       81.  Good Samaritan.
                                CHAPTER 81
                              GOOD SAMARITAN
     Sec.
     8101.  Short title of chapter.
     8102.  Findings.
     8103.  Purpose.
     8104.  Definitions.
     8105.  Eligibility and project inventory.
     8106.  Landowner liability limitation and exceptions.
     8107.  Project liability limitation and exceptions.
     8108.  Permits and zoning.
     8109.  Relationship to Federal and State programs.
     8110.  General permits.
     8111.  Exceptions.
     8112.  Water supply replacement.
     8113.  Orphan oil and gas wells.
     8114.  Regulations.
      § 8101.  Short title of chapter.
        This chapter shall be known and may be cited as the
     Environmental Good Samaritan Act.
      § 8102.  Findings.
        The General Assembly finds and declares as follows:
            (1)  This Commonwealth's long history of mining and the
        extraction of oil and gas has left some lands and waters
        unreclaimed and polluted.
            (2)  These abandoned lands and polluted waters are
        unproductive, erode the tax base and are serious impediments
        to the economic welfare and growth of this Commonwealth.
            (3)  The unreclaimed lands and polluted waters present a
        danger to the health, safety and welfare of the people and
        the environment.
            (4)  This Commonwealth does not possess sufficient
        resources to reclaim all the abandoned lands and to abate the
        water pollution.
            (5)  Numerous landowners, citizens, watershed
        associations, environmental organizations and governmental
        entities who do not have a legal responsibility to reclaim
        the abandoned lands or to abate the water pollution are
        interested in addressing these problems but are reluctant to
        engage in such reclamation and abatement activities because
        of potential liabilities associated with the reclamation and
        abatement activities.
            (6)  It is in the best interest of the health, safety and
        welfare of the people of this Commonwealth and the
        environment to encourage reclamation of the abandoned lands
        and abatement of water pollution.
      § 8103.  Purpose.
        This chapter is intended to encourage the improvement of land
     and water adversely affected by mining and oil and gas
     extraction, to aid in the protection of wildlife, to decrease
     soil erosion, to aid in the prevention and abatement of the
     pollution of rivers and streams, to protect and improve the
     environmental values of this Commonwealth and to eliminate or
     abate hazards to health and safety. It is the intent of the
     General Assembly to encourage voluntary reclamation of lands
     adversely affected by mining or oil or gas extraction. The
     purpose of this chapter is to improve water quality and to
     control and eliminate water pollution resulting from mining or
     oil or gas extraction or exploration by limiting the liability
     which could arise as a result of the voluntary reclamation of
     abandoned lands or the reduction and abatement of water
     pollution. This chapter is not intended to limit the liability
     of a person who under existing law is or may become responsible
     to reclaim the land or address the water pollution or anyone who
     by contract, order or otherwise is required to or agrees to
     perform the reclamation or abate the water pollution.
      § 8104.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Abandoned lands."  Land adversely affected by mineral or oil
     or gas extraction and left or abandoned in an unreclaimed or
     inadequately reclaimed condition.
        "Consideration."  Something of value promised, given or
     performed in exchange for something which has the effect of
     making a legally enforceable contract. For the purpose of this
     chapter, the term does not include a promise to a landowner to
     repair damage caused by a reclamation project or water pollution
     abatement project when the promise is made in exchange for
     access to the land.
        "Department."  The Department of Environmental Protection of
     the Commonwealth.
        "Eligible land and water."  Land and water adversely affected
     by mining or oil or gas extraction and left or abandoned in an
     unreclaimed or inadequately reclaimed condition or left
     discharging water pollution and for which no person has a
     continuing reclamation or water pollution abatement obligation.
     The term shall also include land and water adversely affected by
     mining or oil or gas extraction and left in an unreclaimed or
     inadequately reclaimed condition or left discharging water
     pollution for which the Department of Environmental Protection
     has forfeited and collected the operators bonds and there is no
     outstanding litigation concerning the bond forfeiture.
        "Landowner."  A person who holds either legal or equitable
     interest in real property.
        "Mineral."  Any aggregate or mass of mineral matter, whether
     or not coherent, which is extracted by mining, including, but
     not limited to, limestone, dolomite, sand, gravel, slate,
     argillite, diabase, gneiss, micaceous sandstone known as
     bluestone, rock, stone, earth, fill, slag, iron ore, zinc ore,
     vermiculite, clay and anthracite and bituminous coal.
        "Permitted mining activity site."  A site permitted by the
     Department of Environmental Protection pursuant to one or more
     of the following acts:
            (1)  the act of June 22, 1937 (P.L.1987, No.394), known
        as The Clean Streams Law;
            (2)  the act of May 31, 1945 (P.L.1198, No.418), known as
        the Surface Mining Conservation and Reclamation Act;
            (3)  the act of April 27, 1966 (1st Sp.Sess., P.L.31,
        No.1), known as The Bituminous Mine Subsidence and Land
        Conservation Act;
            (4)  the act of September 24, 1968 (P.L.1040, No.318),
        known as the Coal Refuse Disposal Control Act; or
            (5)  the act of December 19, 1984 (P.L.1093, No.219),
        known as the Noncoal Surface Mining Conservation and
        Reclamation Act.
        "Person."  A natural person, partnership, association,
     association members, corporation, political subdivision of the
     Commonwealth, an agency, instrumentality or entity of Federal or
     State Government or other legal entity recognized by law as the
     subject of rights and liabilities.
        "Project work area."  That land necessary for a person to
     complete a reclamation project or a water pollution abatement
     project.
        "Reclamation project."  The restoration of eligible lands and
     water to productive use by regrading and revegetating the land
     to stable contours that blend in and complement the drainage
     pattern of the surrounding terrain with no highwalls, spoil
     piles or depressions to accumulate water and by plugging
     abandoned oil or gas wells and removing production or storage
     facilities, supplies and equipment from areas disturbed in
     siting, drilling, completing and producing such wells.
        "Water pollution."  Pollution of the waters of this
     Commonwealth as defined in section 1 of the act of June 22, 1937
     (P.L.1987, No.394), known as The Clean Streams Law, which was
     caused by mining activities or oil or gas extraction or
     exploration for these resources.
        "Water pollution abatement facilities."  The methods for
     treatment or abatement of water pollution located on eligible
     lands and water. These methods include, but are not limited to,
     a structure, system, practice, technique or method constructed,
     installed or followed to reduce, treat or abate such water
     pollution.
        "Water pollution abatement project."  A plan for treatment or
     abatement of water pollution located on eligible lands and
     water. These plans include, but are not limited to, the
     practices to be followed and the installation, operation and
     maintenance of facilities to reduce, treat or abate such water
     pollution.
      § 8105.  Eligibility and project inventory.
        (a)  General rule.--A landowner or person who voluntarily
     provides equipment, materials or services at no charge or at
     cost for a reclamation project or a water pollution abatement
     project in accordance with this chapter may be immune from civil
     liability and may raise the protections afforded by this chapter
     in any subsequent legal proceeding which is brought to enforce
     environmental laws or otherwise impose liability. A landowner or
     other person is only eligible for the protections and immunities
     provided by sections 8106 (relating to landowner liability
     limitation and exceptions) and 8107 (relating to project
     liability limitation and exceptions) if a detailed written plan
     of the proposed reclamation project or water pollution abatement
     project is submitted to and approved by the department. The
     project plan shall include the objective of the project and a
     description of the work that will be performed to accomplish the
     objective and must identify the project location, project
     boundaries, the project participants and the owners of the land.
        (b)  Notice.--Upon receipt of each project plan, the
     department shall either give written notice by certified mail to
     adjacent property owners and riparian land owners located
     downstream of the proposed project or will provide public notice
     of the proposed project in a newspaper of general circulation,
     published in the locality of the proposed project, once a week
     for four consecutive weeks and shall give public notice in the
     Pennsylvania Bulletin. The person proposing the project may also
     provide public notice. Any person having an interest which may
     be adversely affected by the proposed project has the right to
     file with the department written objection to the proposed
     project within 30 days after receipt of the written notice or
     the last publication of the above notice, which shall conclude
     the public comment period. The department shall provide to the
     person proposing the project a copy of each written objection
     received during the public comment period.
        (c)  Advice.--The department may provide advice to the
     landowner or other interested person based upon the department's
     knowledge and experience in performing reclamation projects and
     water pollution abatement projects.
        (d)  Departmental review.--The department shall review each
     proposed reclamation project and approve the project if the
     department determines the proposed project:
            (1)  will result in the regrading of the land to stable
        contours that blend in and complement the drainage pattern of
        the surrounding terrain with no highwalls, spoil piles or
        depressions to accumulate water;
            (2)  will result in the appropriate revegetation of the
        site; and
            (3)  is not likely to result in water pollution as
        defined in section 1 of the act of June 22, 1937 (P.L.1987,
        No.394), known as The Clean Streams Law.
     The department shall review each proposed water pollution
     abatement project and approve the project if the department
     determines the proposed project is likely to improve the water
     quality and is not likely to make the water pollution worse.
        (e)  Additional review.--The department shall review each
     project plan in accordance with section 8111(b) (relating to
     exceptions).
        (f)  Project inventory.--The department shall develop and
     maintain a system to inventory and record each project, the
     project location and boundaries, each landowner and each person
     identified in a project plan provided to the department. The
     inventory shall include the results of the department's review
     of the proposed project and, where applicable, include the
     department's findings under section 8111(b).
        (g)  Appeal.--A person aggrieved by a department decision to
     approve or disapprove a reclamation project or a water pollution
     abatement project has the right to file an appeal with the
     Environmental Hearing Board in accordance with the act of July
     13, 1988 (P.L.530, No.94), known as the Environmental Hearing
     Board Act, and in accordance with the Environmental Hearing
     Board's rules, 25 Pa. Code Ch. 1021 (relating to practice and
     procedures).
      § 8106.  Landowner liability limitation and exceptions.
        (a)  General rule.--Except as specifically provided in
     subsections (b) and (c), a landowner who provides access to the
     land, without charge or other consideration, which results in
     the implementation of a reclamation project or a water pollution
     abatement project:
            (1)  Shall be immune from liability for any injury or
        damage suffered by the person implementing the reclamation
        project or the water pollution abatement project while the
        person is within the project work area.
            (2)  Shall be immune from liability for any injury to or
        damage suffered by a third party which arises out of or
        occurs as a result of an act or omission of a person
        implementing a reclamation project or water pollution
        abatement project which occurs during the implementation of
        the reclamation project or the water pollution abatement
        project.
            (3)  Shall be immune from liability for any injury to or
        damage suffered by a third party which arises out of or
        occurs as a result of a reclamation project or a water
        pollution abatement project.
            (4)  Shall not be deemed to assume legal responsibility
        for or incur liability for any pollution resulting from a
        reclamation project or water pollution abatement project.
            (5)  Shall not be subject to a citizen suit filed
        pursuant to section 601 of the act of June 22, 1937
        (P.L.1987, No.394), known as The Clean Streams Law, for
        pollution resulting from a reclamation project or water
        pollution abatement project.
            (6)  Shall be immune from liability for the operation,
        maintenance or repair of the water pollution abatement
        facilities constructed or installed during the project unless
        the landowner negligently damages or destroys the water
        pollution abatement facilities or denies access to those
        persons who operate, maintain or repair the water pollution
        abatement facilities.
        (b)  Duty to warn.--A landowner shall warn a person
     implementing a reclamation project or water pollution abatement
     project of known, latent, dangerous conditions located on the
     project work area which known, latent, dangerous conditions are
     not the subject of the reclamation project or the water
     pollution abatement project. Nothing in this chapter shall limit
     in any way or affect a landowner's liability which results from
     the landowner's failure to warn of such known, latent, dangerous
     conditions.
        (c)  Exceptions to immunity.--Nothing is this chapter shall
     limit in any way or affect a landowner's liability which results
     from a reclamation project or water pollution abatement project
     and which would otherwise exist:
            (1)  For injury or damage resulting from the landowner's
        acts or omissions which are reckless or constitute gross
        negligence or willful misconduct.
            (2)  Where the landowner charges an access fee or
        requires other consideration before allowing access to the
        land for the purpose of implementing a reclamation project or
        water pollution abatement project or to operate, maintain or
        repair water pollution abatement facilities constructed or
        installed during a water pollution abatement project.
            (3)  For the landowner's unlawful activities.
            (4)  For damage to adjacent landowners or downstream
        riparian landowners which results from a reclamation project
        or water pollution abatement project where written notice or
        public notice of the proposed project was not provided.
      § 8107.  Project liability limitation and exceptions.
        (a)  General rule.--Except as specifically provided in
     subsection (b), a person who provides equipment, materials or
     services at no cost or at cost for a reclamation project or a
     water pollution abatement project:
            (1)  Shall be immune from liability for any injury to or
        damage suffered by a person which arises out of or occurs as
        a result of the water pollution abatement facilities
        constructed or installed during the water pollution abatement
        project.
            (2)  Shall be immune from liability for any pollution
        emanating from the water pollution abatement facilities
        constructed or installed during the water pollution abatement
        project unless the person affects an area that is
        hydrologically connected to the water pollution abatement
        project work area and causes increased pollution by
        activities which are unrelated to the implementation of a
        water pollution abatement project.
            (3)  Shall not be deemed to assume responsibility for or
        incur liability for the operation, maintenance and repair of
        the water pollution abatement facilities constructed or
        installed during the water pollution abatement project.
            (4)  Shall not be subject to a citizen suit under section
        601 of the act of June 22, 1937 (P.L.1987, No.394), known as
        The Clean Streams Law, for pollution emanating from the water
        pollution abatement facilities constructed or installed
        during the water pollution abatement project.
        (b)  Exceptions.--
            (1) Nothing in this chapter shall limit in any way the
        liability of a person who provides equipment, materials or
        services at no cost or at cost for a reclamation project or a
        water pollution abatement project which liability results
        from the reclamation project or the water pollution abatement
        project and which would otherwise exist:
                (i)  For injury or damage resulting from the person's
            acts or omissions which are reckless or constitute gross
            negligence or willful misconduct.
                (ii)  For the person's unlawful activities.
                (iii)  For damages to adjacent landowners or
            downstream riparian landowners which result from a
            reclamation project or a water pollution abatement
            project where written notice or public notice of the
            proposed project was not provided.
            (2)  Nothing in this chapter shall limit in any way the
        liability of a person who the department has found to be in
        violation of any of the following acts:
                (i)  The act of May 31, 1945 (P.L.1198, No.418),
            known as the Surface Mining Conservation and Reclamation
            Act.
                (ii)  The act of April 27, 1966 (1st Sp.Sess.,
            P.L.31, No.1), known as The Bituminous Mine Subsidence
            and Land Conservation Act.
      § 8108.  Permits and zoning.
        Nothing in this chapter shall be construed as waiving any
     existing permit requirements or waiving any local zoning
     requirements.
      § 8109.  Relationship to Federal and State programs.
        The provisions of this chapter shall not prevent the
     Commonwealth from enforcing requirements necessary or imposed by
     the Federal Government as a condition to receiving or
     maintaining program authorization, delegation, primacy or
     Federal funds.
      § 8110.  General permits.
        If the department determines it will further the purposes of
     this chapter, the department may issue a general permit for each
     reclamation project or water pollution abatement project, which
     general permit shall:
            (1)  Encompass all of the activities included in that
        reclamation project or water pollution abatement project.
            (2)  Be issued in place of any required stream
        encroachment, earth disturbance or national pollution
        discharge elimination system permits.
      § 8111.  Exceptions.
        (a)  General rule.--Any person who under existing law shall
     be or may become responsible to reclaim the land or treat or
     abate the water pollution or any person who for payment or
     consideration or who receives some other benefit through a
     contract or any person who through a consent order and agreement
     or otherwise agrees or is ordered to perform or complete
     reclamation or treat or abate water pollution as well as a
     surety which provided a bond for the site shall not be eligible
     for nor shall that person receive the benefit of the protections
     and immunities available under this chapter.
        (b)  Projects near mining or coal refuse sites.--This chapter
     shall not apply to a reclamation project or a water pollution
     abatement project that is located adjacent to, hydrologically
     connected to or in close proximity to a site permitted under the
     act of May 31, 1945 (P.L.1198, No.418), known as the Surface
     Mining Conservation and Reclamation Act, the act of April 27,
     1966 (1st Sp.Sess., P.L.31, No.1), known as The Bituminous Mine
     Subsidence and Land Conservation Act, the act of September 24,
     1968 (P.L.1040, No.318), known as the Coal Refuse Disposal
     Control Act, or the act of December 19, 1984 (P.L.1093, No.219),
     known as the Noncoal Surface Mining Conservation and Reclamation
     Act, unless:
            (1)  The reclamation project or water pollution abatement
        project is submitted to the department in writing before the
        project is started.
            (2)  The department finds:
                (i)  The reclamation project or the water pollution
            abatement project will not adversely affect the
            permittee's obligations under the permit and the
            applicable law.
                (ii)  The activities on the project work area cannot
            be used by the permittee to avoid the permittee's
            reclamation or water pollution treatment or abatement
            obligations.
            (3)  The department issues a written notice of its
        findings and the approval of the project.
        (c)  Projects in lieu of civil penalties.--This chapter shall
     not apply to a reclamation project or a water pollution
     abatement project that is performed in lieu of paying civil
     penalties.
        (d)  Land Recycling and Environmental Remediation Standards
     Act.--The act of May 19, 1995 (P.L.4, No.2), known as the Land
     Recycling and Environmental Remediation Standards Act, does not
     apply to reclamation projects or water pollution abatement
     projects implemented under this chapter.
      § 8112.  Water supply replacement.
        A public or private water supply affected by contamination or
     the diminution caused by the implementation of a reclamation
     project or the implementation of a water pollution abatement
     project shall be restored or replaced by the department with an
     alternate source of water adequate in quantity and quality for
     the purposes served by the water supply.
      § 8113.  Orphan oil and gas wells.
        A reclamation project or water pollution abatement project
     shall not be implemented in a manner which will limit access to
     an orphan gas well or an orphan oil well.
      § 8114.  Regulations.
        The department may promulgate rules and regulations necessary
     to implement the provisions of this chapter.
                                 PART VII
                         MISCELLANEOUS PROVISIONS
                                (Reserved)
        Section 2.  (a)  The sum of $2,000,000 is hereby
     appropriated, upon approval of the Governor, to the Department
     of Environmental Protection from the Hazardous Sites Cleanup
     Fund for the fiscal year July 1, 1999, to June 30, 2000, for the
     purposes of expanding the Small Business and Household Pollution
     Prevention Program to provide onsite assessments and
     recommendations for pollution prevention and energy efficiency
     techniques for fiscal year 1999-2000. The General Assembly may
     appropriate up to $2,000,000 in additional funds from the
     Hazardous Sites Cleanup Fund for the fiscal year July 1, 2000,
     to June 30, 2001, for this purpose.
        (b)  The sum of $44,675,000, or as much thereof as may be
     necessary, is hereby appropriated to the Environmental
     Stewardship Fund for the fiscal year July 1, 1999, to June 30,
     2000, to carry out the provisions of 27 Pa.C.S. Ch. 61.
        (c)  The sum of $20,000,000, or as much thereof as may be
     necessary, is hereby appropriated to the Agricultural
     Conservation Easement Purchase Fund for the fiscal year July 1,
     1999, to June 30, 2000, to carry out the provisions of the act
     of June 30, 1981 (P.L.128, No.43), known as the Agricultural
     Area Security Law.
        Section 3.  (a)  The following acts and parts of acts are
     repealed:
        Section 1936-A(b) of the act of April 9, 1929 (P.L.177,
     No.175), known as The Administrative Code of 1929.
        Act of August 20, 1953 (P.L.1217, No.339), entitled "An act
     providing for payments by the Commonwealth to municipalities
     which have expended money to acquire and construct sewage
     treatment plants in accordance with the Clean Streams Program
     and the act, approved the twenty-second day of June, one
     thousand nine hundred thirty-seven (Pamphlet Laws 1987), and
     making an appropriation."
        Section 1108(b), (c), (f) and (i) of the act of July 28, 1988
     (P.L.556, No.101), known as the Municipal Waste Planning,
     Recycling and Waste Reduction Act.
        Sections 5(d) and 6(b)(3), (4), (5) and (6), (c), (d), (e),
     (f) and (g) of the act of June 23, 1982 (P.L.597, No.170), known
     as the Wild Resource Conservation Act.
        (b)  All other acts and parts of acts are repealed insofar as
     they are inconsistent with:
            (1)  subsection (a);
            (2)  the addition of 27 Pa.C.S. Ch. 61;
            (3)  the addition of 27 Pa.C.S. Ch. 81; or
            (4)  section 2 of this act.
        Section 4.  This act shall take effect as follows:
            (1)  This section shall take effect immediately.
            (2)  The following provisions shall take effect in 60
        days:
                (i)  The addition of 27 Pa.C.S. Ch 81.
                (ii)  Section 3(b)(3) of this act.
            (3)  The remainder of this act shall take effect December
        31, 1999, or immediately, whichever is later.

     APPROVED--The 15th day of December, A. D. 1999.

     THOMAS J. RIDGE